(a) Determine, control, supervise and manage the financial,
business and education policies and affairs of the state
institution of higher education under its jurisdiction;

(b) Develop a master plan for the institution under its
jurisdiction.

(1) The ultimate responsibility for developing and updating
each master plan at the institution resides with the governing
board, but the ultimate responsibility for approving the final
version of each master plan, including periodic updates, resides
with the commission or council, as appropriate.

(2) Each master plan shall include, but is not limited to, the
following:

(A) A detailed demonstration of how the master plan will be
used to meet the goals, objectives and priorities of the compact;

(B) A well-developed set of goals, objectives and priorities
outlining missions, degree offerings, resource requirements,
physical plant needs, personnel needs, enrollment levels and other
planning determinates and projections necessary in a plan to assure
that the needs of the institution's area of responsibility for a
quality system of higher education are addressed;

(C) Documentation showing how the governing board involved the
commission or council, as appropriate, constituency groups, clientele of the institution and the general public in the
development of all segments of the master plan.

(3) The plan shall be established for periods of not fewer
than three nor more than five years and shall be revised
periodically as necessary, including adding or deleting bachelor's,
master's and doctoral degree programs for all governing boards as
approved by the commission or council, respectively, except for the
governing boards of Marshall University and West Virginia
University only, the commission may review, but may not approve or
disapprove, additions or deletions of degree programs.

(c) Develop a ten-year campus development plan in accordance
with article nineteen of this chapter;

(d) Prescribe for the institution, under its jurisdiction, in
accordance with its master plan and compact, specific functions and
responsibilities to achieve the goals, objectives and priorities
established in articles one and one-d of this chapter to meet the
higher education needs of its area of responsibility and to avoid
unnecessary duplication;

(e) Direct the preparation of an appropriation request for the
institution under its jurisdiction, which relates directly to
missions, goals and projections found in the master plan and the
compact;

(f) Consider, revise and submit for review and approval to the
commission or council, as appropriate, an appropriation request on
behalf of the institution under its jurisdiction;

(g) Review, at least every five years, all academic programs
offered at the institution under its jurisdiction. The review
shall address the viability, adequacy and necessity of the programs
in relation to established state goals, objectives and priorities,
the master plan, the compact and the education and workforce needs
of its responsibility district. As a part of the review, each
governing board shall require the institution under its
jurisdiction to conduct periodic studies of its graduates and their
employers to determine placement patterns and the effectiveness of
the education experience. Where appropriate, these studies should
coincide with the studies required of many academic disciplines by
their accrediting bodies;

(h) Ensure that the sequence and availability of academic
programs and courses offered by the institution under its
jurisdiction is such that students have the maximum opportunity to
complete programs in the time frame normally associated with
program completion. Each governing board is responsible to see
that the needs of nontraditional college-age students are
appropriately addressed and, to the extent it is possible for the
individual governing board to control, to assure core course work
completed at the institution is transferable to any other state
institution of higher education for credit with the grade earned;

(i) Subject to article one-b of this chapter, approve the
teacher education programs offered in the institution under its
control. In order to permit graduates of teacher education programs to receive a degree from a nationally accredited program
and in order to prevent expensive duplication of program
accreditation, the commission may select and use one nationally
recognized teacher education program accreditation standard as the
appropriate standard for program evaluation;

(j) Involve faculty, students and classified employees in
institution-level planning and decisionmaking when those groups are
affected;

(k) Subject to federal law and pursuant to articles seven,
eight, nine and nine-a of this chapter and to rules adopted by the
commission and the council, administer a system for the management
of personnel matters, including, but not limited to, discipline for
employees at the institution under its jurisdiction;

(l) Administer a system for hearing employee grievances and
appeals. Notwithstanding any other provision of this code to the
contrary, the procedure established in article two, chapter six-c
of this code is the exclusive mechanism for hearing prospective
employee grievances and appeals;

(m) Solicit and use or expend voluntary support, including
financial contributions and support services, for the institution
under its jurisdiction;

(n) Appoint a president for the institution under its
jurisdiction subject to section six, article one-b of this chapter;

(o) Conduct written performance evaluations of the president
pursuant to section six, article one-b of this chapter;

(p) Employ all faculty and staff at the institution under its
jurisdiction. The employees operate under the supervision of the
president, but are employees of the governing board;

(q) Submit to the commission or council, as appropriate, any
data or reports requested by the commission or council within the
time frame set by the commission or council;

(r) Enter into contracts or consortium agreements with the
public schools, private schools or private industry to provide
technical, vocational, college preparatory, remedial and customized
training courses at locations either on campuses of the state
institutions of higher education or at off-campus locations in the
institution's responsibility district. To accomplish this goal,
the boards may share resources among the various groups in the
community;

(s) Provide and transfer funds and property to certain
corporations pursuant to section ten, article twelve of this
chapter;

(t) Delegate, with prescribed standards and limitations, the
part of its power and control over the business affairs of the
institution to the president in any case where it considers the
delegation necessary and prudent in order to enable the institution
to function in a proper and expeditious manner and to meet the
requirements of its master plan and compact. If a governing board
elects to delegate any of its power and control under this
subsection, it shall enter the delegation in the minutes of the meeting when the decision was made and shall notify the commission
or council, as appropriate. Any delegation of power and control
may be rescinded by the appropriate governing board, the commission
or council, as appropriate, at any time, in whole or in part,
except that the commission may not revoke delegations of authority
made by the governing board of Marshall University or West Virginia
University;

(u) Unless changed by the commission or the council, as
appropriate, continue to abide by existing rules setting forth
standards for accepting advanced placement credit for the
institution under its jurisdiction. Individual departments at a
state institution of higher education, with approval of the faculty
senate, may require higher scores on the advanced placement test
than scores designated by the governing board when the credit is to
be used toward meeting a requirement of the core curriculum for a
major in that department;

(v) Consult, cooperate and coordinate with the State Treasurer
and the State Auditor to update as necessary and maintain an
efficient and cost-effective system for the financial management
and expenditure of appropriated and nonappropriated revenue at the
institution under its jurisdiction. The system shall ensure that
properly submitted requests for payment are paid on or before the
due date but, in any event, within fifteen days of receipt in the
State Auditor's office;

(w) In consultation with the appropriate chancellor and the Secretary of the Department of Administration, develop, update as
necessary and maintain a plan to administer a consistent method of
conducting personnel transactions, including, but not limited to,
hiring, dismissal, promotions, changes in salary or compensation
and transfers at the institution under its jurisdiction. Each
personnel transaction shall be accompanied by the appropriate
standardized system or forms, as appropriate, which shall be
submitted to the respective governing board and the Department of
Administration:

(1) Not later than July 1, 2012, the Department of
Administration shall make available to each governing board the
option of using a standardized electronic system for these
personnel transactions.

(2) The Secretary of the Department of Administration may
suspend a governing board's participation in the standardized
electronic system if he or she certifies to the Governor that the
governing board has failed repeatedly and substantially to comply
with the department's policies for administering the electronic
system;

(x) Notwithstanding any other provision of this code to the
contrary, transfer funds from any account specifically appropriated
for its use to any corresponding line item in a general revenue
account at any agency or institution under its jurisdiction as long
as the transferred funds are used for the purposes appropriated;

(y) Transfer funds from appropriated special revenue accounts for capital improvements under its jurisdiction to special revenue
accounts at agencies or institutions under its jurisdiction as long
as the transferred funds are used for the purposes appropriated in
accordance with article nineteen of this chapter;

(z) Notwithstanding any other provision of this code to the
contrary, acquire legal services that are necessary, including
representation of the governing board, its institution, employees
and officers before any court or administrative body. The counsel
may be employed either on a salaried basis or on a reasonable fee
basis. In addition, the governing board may, but is not required
to, call upon the Attorney General for legal assistance and
representation as provided by law; and

(aa) Contract and pay for disability insurance for a class or
classes of employees at a state institution of higher education
under its jurisdiction.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.